Tom Cartmell and Jeff Kuntz obtained a defense verdict for Children’s Mercy Hospital in a jury trial in Jackson County, Missouri. The case involved a woman who fell in a parking garage and broke her foot at Children’s Mercy Hospital and sought more than $3 million in damages as a result of allegedly acquiring RSD (reflex sympathetic dystrophy).
After the verdict, the trial court granted the plaintiff’s motion for a new trial and ordered the case to be retried. Wagstaff & Cartmell, on behalf of Children’s Mercy, appealed the order of a new trial, and successfully argued that the defense verdict should be reinstated because none of the grounds relied upon by the trial court in ordering a new trial were valid. Eric Barton assisted Tom and Jeff on the appeal. Dick v. Children’s Mercy Hosp., 140 S.W.3d 131 (Mo.App. W.D. 2004).
With one of the leading professional liability practices in the Midwest, Wagstaff & Cartmell uses our experience on both sides of the docket, for plaintiffs and defendants, to best represent our clients and provide aggressive litigation when necessary.